Capacity Advocacy

The Capacity and Self Determination (Jersey) Law 2016 introduced the role of the Independent Capacity Advocate (ICA).

Capacity Advocacy Form

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Our Independent Capacity Advocate acts as a legal safeguard to help protect people who lack the capacity to make some important decisions for themselves. The lack of capacity may be as a result of dementia, a significant learning difficulty or brain damage.

Anyone over the age of 16 who lacks capacity or has fluctuating capacity AND who has no family or next of kin has the legal right to access an Independent Capacity Advocate. Normally, where a Lasting Power of Attorney or a Delegate is in place for the relevant decision, e.g. Finance or Health and Welfare, an ICA should not be required but there are exceptions. We can also sometimes support the family member in their role – just call us to find out if we can help.

We will provide support and representation when significant decisions need to be made about the following.

• Serious Medical Treatment
• Move to accommodation
• Change of accommodation
• Safeguarding vulnerable adults
• Care review
• Significant Restrictions on Liberty (SROL)

How we work

1. Gathering information

• Meet and interview our client (in private if possible).
• Examine relevant health and social care records.
• Get the views of professionals and paid workers.
• Get the views of anybody else who can give information about the wishes and feelings, beliefs or values of our client – this may include family and or friends.
• Find out other information which may be relevant to the decision.

2. Evaluating information

• Check that our client has been supported to be involved in the decision.
• Try to work out what our client’s wishes and feelings would be if they had capacity to make the decision and what values and beliefs would influence this.
• Make sure that different options have been considered.
• Decide whether to ask for a second medical opinion where it is a serious medical treatment decision.

3. Making representations

Our ICA will raise any issues and concerns with the decision maker. This could be done verbally or in writing. They are required to produce a report for the person who instructed them. In most cases this should be provided to the decision maker before the decision is made and any issues raised should be considered when making the decision.

4. Challenging decisions

In many cases our ICA will be able to resolve any concerns they have with the decision maker before the decision is made. Where this has not been possible, they may formally challenge the decision-making process. They can use local complaint procedures or try to get the matter looked at by the Royal Court.